NY Passes Suspension Restrictions, Takes Aim at Mutuel Uncoupling of Married Jockeys

Without any public discussion among commissioners and in quick succession by unanimous voice vote, the New York State Gaming Commission (NYSGC) Monday enacted a new rule designed to keep jockeys from stalling via filing appeals to get out of serving riding suspensions during the lucrative Saratoga Race Course meet.

In similarly brisk fashion, the NYSGC also set into motion Feb. 28 the advancement of a proposed regulation to lift controversial pari-mutuel restrictions related to married jockeys competing in the same race. This measure must come back for a final vote after publication in the state register and a presumably final round of public commentary.

It's now been 14 months since newlywed spouses Katie Davis and Trevor McCarthy made unwanted headlines when an antiquated NYSGC rule requiring the mounts of married jockeys to be treated as a single betting interest forced confusing pari-mutuel couplings in 41 races in which they competed against one another.

Between Jan. 1 and Mar. 21, 2021, McCarthy and Davis's mounts in common races at Aqueduct cost an estimated $4.2 million in handle loss.

The regulation in question, rule 4025.10 (f), states, “All horses trained or ridden by a spouse, parent, issue or member of a jockey's household shall be coupled in the betting with any horse ridden by such jockey.”

The application of that little-used rule was widely bemoaned by the betting public and termed as sexist by some critics. But the NYSGC did not address the controversy during any open, public meetings in 2021 while a piece of legislation to update the regulation sailed unanimously through both the Assembly and Senate.

But on Oct. 25, that bill was surprisingly vetoed by New York Governor Kathy Hochul, who explained that she would instead be directing the NYSGC to review the “continued need for mandatory coupling and the circumstances under which such a requirement might be relaxed.”

That directive resulted in a Jan. 11, 2022, commentary-seeking pow-wow of Thoroughbred industry stakeholders, regulators, and track officials, during which not a single person advocated in favor of keeping the antiquated rule as written.

Monday, the matter was finally up before the NYSGC to put in motion the process of changing the old regulation by simply deleting the word “shall” from rule 4025.10 (f) and replacing it with the phrase “are not required” to be coupled.

'Saratoga' rule changed

The so-called “Saratoga rule” dates to an initiative from June 2021 in which the NYSGC sought to end the resource-draining practice of jockeys appealing riding infractions during big-money race meets like at Saratoga, then withdrawing those protests once the meet was over for the sole purpose of delaying a suspension until it was more convenient for the penalized rider to serve the days.

The resulting re-write gives the commission discretion to instead make the jockey sit out a suspension at a subsequent meeting at the same track, meaning a rider's Saratoga penalty might not be able to get pushed back to, say, Aqueduct in the winter, if the stewards opted to make the days instead carry over to the start of the next year's meet at the Spa.

The measure voted in on Monday reads: “If a jockey commits a riding infraction and the penalty of a suspension or revocation is not served during the same race meeting, then the commission in its discretion may order that the penalty be served, in whole or in part, at a subsequent race meeting at the same track.”

According to a brief written by NYSGC general counsel Edmund Burns, only one entity, the Jockeys' Guild, filed a public comment on the proposed rule change. Burns summed up the opposition as such:

“The Jockeys' Guild opposes codifying this policy as a regulation. Instead, the Jockeys' Guild suggests that hearing requests brought in bad faith should subject a jockey to sanctions if the appeal is found to have been brought frivolously.

“The Jockeys' Guild also suggests that the regulation allow for jockeys who are suspended for minor riding violations for 10 days or less be permitted to ride in “designated races” during the suspension, serving a day of suspension at a later time to make up for the designated race day. The Jockey's Guild suggests that such a policy may decrease the number of jockey challenges.

“In the alternative, the Jockeys' Guild states that if the rule is adopted, the rule should retain the provision allowing for discretion in whether a penalty should be served at the same track.”

The NYSGC staff responded in writing to the Guild's suggestions. But the response was redacted in its entirety from Burns's brief, so it can't be published here.

Other proposed rules

Also advancing to publication in the state register and the required public commentary period on Monday were:

a.) An amendment to the regulation governing licensing for a jockey agent that removes the requirement for an applicant to have been previously licensed as an exercise person, apprentice jockey, jockey, assistant trainer or trainer for at least one year. The proposed change would instead allow the stewards to determine whether an applicant is qualified. TDN first reported on this seemingly restrictive practice back in 2020.

b.) Amendments to the jockey equipment weighing rules that would eliminate the need for jockeys to be weighed with muzzles, martingales and breastplates, like in Florida, Kentucky, California, and other states.

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David Cassidy: A Triple Crown Life Event Held Aug. 16

In celebration of the life and memory of celebrity David Cassidy, the 5th Annual David Cassidy: A Triple Crown Life Event will be held at Putnum Place in Saratoga Springs, NY Aug. 16.

Hosted by the David Cassidy Memorial Legacy Group (DCMLG), the fundraiser aims to promote racing and to support Thoroughbred aftercare organizations, this year including the Thoroughbred Retirement Foundation, The National Museum of Racing and Hall of Fame, NYRA Cares, Take The Lead, Take2 and Columbia Greene Humane Society.

Debuting in 2021, the David Cassidy Remember Me Awards will again be included at this year's summer fundraiser. Featured among the award categories are Thoroughbred Aftercare Awards, Compassionate Trainers and Owners Awards, Heart of Saratoga Awards, Animal Welfare and Advocacy Awards, Animal Rescues and Shelters Awards, Amazing Horse Racing Awards and Thoroughbred Horse Racing Community Awards. The program will also include a concert.

The DCMLG previously announced a scholarship program, which includes four scholarships: The David Bruce Cassidy Thoroughbred Horse Racing Family Scholarship; David Bruce Cassidy Memorial Saratoga County Scholarship; The Dr. Jerry Bilinski Animal Sciences Scholarship; and The David Bruce Cassidy Theatre and The Arts Scholarship. The deadline for all scholarship applications is Apr. 12. For more information, email DavidCassidyIts4ever@gmail.com.

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In-Person Thoroughbred Owner Conference Returns July 25-26 In Saratoga

OwnerView announced Tuesday that registration is open for its in-person Thoroughbred Owner Conference, which will be held at Saratoga Race Course in Saratoga Springs, New York, on July 25-26, 2022. This will be the first in-person Thoroughbred Owner Conference since 2019. The 2020 conference, which was scheduled to be held in Saratoga, was canceled due to the COVID-19 pandemic.

“Bringing the owner conference to Saratoga has been a goal of ours for nearly three years, and we cannot wait to finally host our guests at one of racing's most iconic tracks,” said Gary Falter, project manager for OwnerView. “Competing at Saratoga represents the pinnacle for any horse owner, and we thank the New York Racing Association for their continued support as we have worked on making this in-person event a reality.”

The conference will kick off with an opening reception at the National Museum of Racing and Hall of Fame on Sunday, July 24. Panels will be held July 25 and 26 at the track's 1863 Club, with topics ranging from the role of bloodstock agents and advisors to the process of selecting a trainer to safety best practices.

Registration information and the tentative conference schedule can be found at ownerview.com/event/conference. The deadline to register is March 30.

OwnerView is a joint effort spearheaded by The Jockey Club and the Thoroughbred Owners and Breeders Association to encourage ownership of Thoroughbreds and provide accurate information on aspects of ownership such as trainers, public racing syndicates, the process of purchasing and owning a Thoroughbred, racehorse retirement, and owner licensing.

The need for a central resource to encourage Thoroughbred ownership was identified in the comprehensive economic study of the sport that was commissioned by The Jockey Club and conducted by McKinsey & Company in 2011. The OwnerView site was launched in May 2012.

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The Week in Review: Will Reality Trump Perception in Spa’s Main-Track Miles?

Potentially, there's a lot to like about last Friday's announcement that the New York Racing Association (NYRA) will be resurrecting Saratoga's long-dormant chute adjacent to the clubhouse turn to enable the running of one-mile dirt races for the first time in decades.

Any nod to history–especially at America's most history-steeped track–is generally a welcome idea. Originally dubbed the “Wilson Chute” in honor of Richard T. Wilson, the president of the Saratoga Racing Association during the early 20th century, the perpendicular-to-the-stands starting area that ran more or less parallel to Nelson Avenue debuted 120 years ago and remained in use for seven decades before being repurposed as a parking lot in 1972.

Because Saratoga is a 1 1/8-miles oval, two-turn dirt starts at distances of one mile or 1 1/16 miles don't exist because the run into the clubhouse bend has been deemed too short to be fair or safe. The new mile chute should add distance diversity, filling the gap between seven-furlong races that start on the backstretch and nine-furlong contests that begin in front of the stands.

Plus, quirky track configurations are appealing if done right. Think of Santa Anita's unique downhill turf course or the undulating, all-grass topography of Kentucky Downs. The only other North American dirt track with a similar mile-chute setup, Ellis Park, was actually modeled after Saratoga's Wilson Chute when it was built as Dade Park a century ago.

But before wading too deeply into nostalgia and aesthetics, let's be candid: If the idea of one-mile races around 1 1/2 turns at Saratoga is such a no-brainer, why is NYRA just now trying to revive the concept?

After the Wilson Chute fell out of favor in the early 1970s, one-mile starts near that spot were brought back briefly in 1992. But that configuration wasn't so much a true chute as a different gate placement in which mile races started at an angle on the turn.

By the end of that meet 30 years ago, the prevailing perception among horseplayers and horsemen was that those starts were disadvantageous to outside-drawn runners and potentially dangerous because of crowding into the too-quick turn. As a result, we haven't seen a main-track mile at the Spa since.

But do those perceptions match reality? Not if you believe the charts from the 25 one-mile dirt races run at Saratoga in '92.

Before we delve into those numbers, a bit of history:

The 1902 Saratoga meet represented a major positive turn in the history of the track. Its owners had undertaken a $1 million overhaul ($32 million in today's dollars) that included rotating the entire track and its stands 30 degrees (so spectators would no longer be blinded by afternoon sun), and the oval was elongated from one mile to its current nine furlongs. An inside turf track was seeded (but not used) that season, and within that oval was the steeplechase course “with its liverpools and hurdles,” according to a June 1, 1902, write-up in the New York Times.

“The new track is built on scientific principles,” the Times gushed. “It has a mile shoot at the west and a seven-eighth-mile shoot at the south-west end. It always proved awkward starting horses on the curves of the old track, and these new shoots will remedy the difficulty experienced last year.”

Yes, America's newspaper of record actually called them “shoots,” not “chutes.”

On opening day, Aug. 4, 1902, it took five full minutes to get a field of 14 lined up (the starting gate had yet to be invented), and Vincennes stormed from off the pace to win the first-ever mile chute race at Saratoga.

If Saratoga's oddly configured mile races were considered problematic during the next 70 years, those complaints are almost entirely absent from surviving archived news reports.

Then again, the racing press for most of the 20th Century was collectively reluctant to criticize decisions by racetrack managements. Plus, back then there were no internet forums or social media platforms on which horseplayers could air constant, daily gripes. It's possible those races were indeed heavily biased in terms of running style or post positions. But any bettor keen enough to notice probably kept quiet and used that knowledge to cash tickets.

Fast-forward to '92. As Joseph Durso wrote in his opening-day piece for the Times, “For the last 22 years, Saratoga has omitted any one-mile [dirt] races…. The problem was solved by widening the first turn so that the starting gate could be placed on the far outside of the track, aiming the horses across the curve of the turn in something resembling a straightaway. But the configuration still seemed strange.”

As the field paraded in front of the stands for the revival of main-track miles, jockey Julie Krone made eye contact with trainer Scotty Schulhofer and owner Tommy Valando in a clubhouse box.

“She nodded toward the gate, patted the No. 5 [saddle towel] and shrugged,” Durso wrote. “She was fifth in a field of five, and she was saying, in effect: 'I start in right field.'”

As Durso pointed out, Krone finished in right field too, fourth behind a wire-to-wire favorite from post two.

The very next race on the card was also a dirt mile, and it too was wired, from post one. The trend continued into the weekend, with the first four races on that 1 1/2-turn configuration won by speed-centric horses from inner posts.

But shortly thereafter, the trend regressed toward the mean. By the end of the meet, after 25 main-track miles at the Spa, five were won in gate-to-wire fashion, nine by horses dueling or forcing the pace, three by midpack stalkers, and eight by deep closers.

Considering that speed is the prevailing winning style in American dirt racing, a split of 14 on-the-pace winners versus 11 who closed from at least midpack hardly rates as a glaring bias.

It's a bit more complicated to parse performance based on post positions because most main-track miles that summer featured seven or fewer starters, meaning low-post horses simply made more starts than higher-drawn horses.

A number of those races were also either off-the-turfers and/or races run on wet tracks, which exacerbated scratches. Given those much shorter fields, it's no surprise that the three innermost posts combined for 15 victories.

But post four actually produced the most wins overall. The breakdown was post one (4), post two (6), post three (5) and post four (7), with posts five, six and nine accounting for one winner each. So post position stats aren't terribly indicative of a bias, either.

Still, racetrack perceptions die hard. This past weekend, an informal skim of opinions on Twitter and in online handicapping forums revealed what I would estimate to be a 3:2 ratio of “terrible idea” posts outnumbering “great idea” opinions on the revival of the Wilson Chute.

The late Marshall Cassidy, NYRA's erudite announcer between 1979 and 1990 (and a backup caller before and after those dates), weighed in on the idea of bringing back the Wilson Chute in a 2010 comment posting that lives on in the Brooklyn Backstretch blog.

“As to the desirability of a Mile Chute, the beauty of that option lies only in one's wish for comparison shopping,” Cassidy wrote. “Saratoga Race Course abounds in character and uniqueness. As well as lots of oak beams, glorious trees, dripping heat and the Saddling Bell, Saratoga has no Mile races on the dirt. And that is good. My experiences with the Wilson Chute are best described as the Impossible Challenge in that I couldn't see the start from the Announcer Booth (neither could the Racing Form's chart caller!).

“As for the jockeys and racing officials, Wilson Chute starts carried the field diagonally over the crown of the dirt course with an immediate left turn inside the first 12 seconds. By the time they all straightened for the backstretch run, half the field was liable to and for injury or inquiry…” Cassidy wrote.

“As interesting an addition to the wagering menu as Mile-on-the-dirt at Saratoga might be, rest assured there are none now for practical reasons,” Cassidy summed up.

That opinion was penned a dozen years ago. It will now be the job of Glen Kozak, NYRA's senior vice president of operations and capital projects, to instill practicality where Cassidy and others have perceived it does not exist.

Speaking Jan. 14 at a meeting of NYRA's Franchise Oversight Board that granted the budgeting for the Wilson Chute and other projects, Kozak expressed confidence that by moving back the outside of the first-turn fence by up to nine feet, being able to get a full-sized starting gate into the chute, using newer designs of portable rails, and by tweaking the angle of where the chute meshes with the turn, safe and fair main-track miles will be achievable at the Spa this summer.

And if not, NYRA can always mull the concept over for another 30 years before trying it again in 2052.

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